it was decided to ask for an advance of fifteen per cent., but that
they would not join the Miners' Federation in the strike. The Council
likewise resolved to ask the cokemen, mechanics, and enginemen to join
them in their demand for the fifteen per cent. If not, then the
Miners' Executive should apply themselves. The Federation Board
considered the decision of the miners. They regretted the
circumstances which had led to the great dilemma in which they were
found, but, having a desire to keep the solidity of the Board, they
would accede to the request, and meet the owners, but if it were
refused, it would be desirable to refer the question to their
respective sections for further instructions, and at the same time
they would ask the united Committees to accompany the Board. The
owners could not accede to the request, and it was necessary that the
will of the members should be ascertained by the miners. This was the
position: they had been ordered by the Birmingham conference to make a
demand for fifteen per cent., and if not conceded, to give in their
notices. None of the other sections had received the same orders. The
questions were: Should there be a strike to force the demand, or
should they work on? But before that stage was reached, it was
necessary that they should ascertain whether the ballot should be the
whole of the Durham Federation, or simply the miners. The voting was:
for the whole Federation Board, 267; for the miners' vote alone to
decide, 167. It was then found that the other sections could not join
the ballot until they had consulted their members, and the Executive
Committee determined to take a ballot of their members alone. The
result of the ballot was: for a strike, 20,782; against, 19,704. The
rule, therefore, was against a strike. The consequence of that vote
was to place Durham in direct conflict with the Miners' Federation.
That body had a conference arranged for August 22nd in London. Messrs
Johnson and Wilson were sent to it by a nearly unanimous vote. The
first business of the conference was to consider the action of Durham,
and the following resolution was moved and carried with great
unanimity:--
That we, the representatives of this Federation, cannot allow the
Durham delegates to sit in this conference, seeing that this district
through its officials has not carried out the resolution of the
Birmingham conference.
There are two very notable things in the resolution and its setting.
Durham was expelled from the Federation, and the officials of that
organisation were charged with preventing the carrying out of the
Birmingham resolution. The first of these is very clear, for on that
point the motion is specific; but it will be seen the second is not
correct when we consider the two votes recorded above--the first
placing it in the hands of the Federation Board and the second by a
ballot being against the strike. This is a history, and not a record
of any man's opinion. It is necessary that the state of things that
existed should be recorded, not a mere theory as to how things should
be. The history would be incomplete if we were not to follow the
sequence a little further. No sooner had the expulsion taken place
than there was an introduction of speakers from the Miners'
Federation, who came with the avowed object of trying to induce the
county to continue its membership. The only complete illustration of
that circumstance would be for a man to kick another out of his house,
and the next minute go himself, or send some of his relations, to ask
the man to come in again, doing his best to show that he who was
kicked out was the offender, and ought to feel thankful for the usage
he had received, and to supplicate to be taken in again. It was a
curious mode of procedure, to say the least, and, most surprising of
all, they were assisted by some of the people in the county, who did
not feel the slightest ignobleness in the treatment they had received
by the expulsion.
1894-95
The Conciliation Board--Lord Davey's Arbitration
The formation of a Conciliation Board was again brought forward by a
request from Bishop Westcott to the Federation Board asking them to
meet him for the purpose of discussing the subject. The Board acceded
to his request, but did not appoint a definite deputation except the
four secretaries, leaving any others to join them who thought proper.
The result of the interview was the calling of the four Committees to
discuss the proposal. The decision of the Miners' Council on March
10th was:
That the Committee meet the owners and discuss the advisability of
forming a joint Board for fixing the correct selling price of coal,
and the other sections of the Federation (county) be asked to join
the negotiations and report to the county; that there be a
Conciliation Board formed, to consist of members from the owners on
the one part and members of the Durham Federation Board on the other
part. The said Board shall be formed of equal representatives of the
before-named parties, who shall meet on terms of absolute equality.
This resolution was brought before the Federation Board, when it was
found that the other three sections had not been instructed by their
members, and it was resolved that the question be deferred until "they
had an opportunity of bringing the matter before their Associations,
and that the Board recommend the acceptance of the principle for their
adoption, and the four secretaries meet and draw up a code of rules
for the guidance of the Conciliation Board." A difficulty arose from a
resolution passed by the Cokemen's Association.
Dr R. S. Watson had given an award in a cokeman's case shortly before,
which in the opinion of the cokemen was not being carried out by the
owners, and therefore, while they were in favour of the principle of
conciliation, they decided not to take any part in the formation until
the owners brought the award into practical operation. The Federation
Board regretted the action of the cokemen, as in their opinion "such a
Board would be the most effective means of bringing a full recognition
of that award. As, however, the other three sections were in favour of
proceeding with the formation of the Board, we ask the employers for
an early meeting, and we would urge upon the cokemen to reconsider
their resolution of March 31st, and give their representatives power
to proceed with us in that formation."
The owners were desirous that the Board should join them in meeting
the Bishop, but they were informed that a previous understanding had
been come to, by which it was arranged that each side should meet him
separately, and then the joint meeting should take place. They had
carried out their part of the bargain, and were ready to meet jointly
as soon as his lordship should ask them, as they were very wishful not
to throw any obstacle in the way of the formation of the Board. On
July 27th the formalities were settled, and the rules were left to
the four secretaries, with instructions to draw up a circular
recommending such rules to the members.
PROPOSED CONCILIATION BOARD
Gentlemen,--We hereby desire your attention and consideration to the
rules of the "Proposed Conciliation Board," which you instructed us
to form. We have always told you that, however carefully we might
draft such rules, the acceptance, amendment, or rejection thereof is
with you. We were proud to receive the commission of the duty, and we
place before you the result of our work, and are hopeful that great
benefits will accrue to the trade of the county if these rules are
adopted. We do not claim perfection for them, but we do assert that
they are in advance of any method ever arranged here for the
settlement of disputes.
We will not trouble you by any lengthy statement by way of urging you
to accept the rules, for in our opinion their fitness is clear, but
we will in as brief a manner as possible draw your attention to three
of their leading features or principles. First, the scope of the
operations of the Board; second, its duration; and third, the
machinery by which it arrives at its decisions.
The scope of the Board is set forth under the headings of "Objects."
We do not quote those objects, but ask you to refer to and consider
them carefully. They are clear in their intention and comprehension.
What can be more interesting and important to us than the prevention
of disputes? We speak for you, as well as ourselves, and say we
desire them not, and welcome any mode of settlement which will
minimise friction, and help both employers and employed to avoid any
irritating action, while it does not interfere with the right of and
justice to either party. You will observe that the Board is intended
to be _more than a Wages Board_. It will take into its cognisance and
decision any questions which may arise and for which the Joint
Committee rules do not provide.
You know as well as we do the numerous cases that arise which have no
standing at the Joint Committee, and you will, therefore, easily
recognise the value and importance of any tribunal which will deal
with such matters in a ready and expeditious manner. There is no need
to enumerate those questions. We hope you will not merely glance at
the latter portion of the "Objects," but give it your careful
attention.
The duration is fixed by rule three. The limit is 1895, and,
therefore, if the rules should fail to meet our views, we can
terminate the existence of the Board in less than a year and a half
from now, which is a short time in the history of our industrial
relations. A shorter time than this will not give us the opportunity
of testing the usefulness of the arrangement, neither is it long
enough to allow any serious evil to arise therefrom.
The machinery or mode of operation is contained in rule four and
subsequent rules. If you examine these rules you will see, that while
they provide for the appointment of an umpire (which is necessary),
yet his services are not to be called in until the Board have tried
to settle by negotiation and conciliation. We recommend to your
special notice the main features of this portion of the rules. These
are the provisions for the play of conciliation and mutual
confidence. Anything that will beget a feeling of trust and
mutuality, that will remove the desire to overreach and withhold on
the one hand, and of suspicion and doubt on the other, should be
welcomed and tried, and if possible strengthened.
There were a number of suggested objects and provisions sent in,
which were afterwards commented upon by the united Committees. Amongst
these was a minimum wage. The Committees, in relation to that
question, drew attention to the period between 1877-79, when, in
little more than a year and a half, the miners spent £23,000 in the
maintenance of men out of work; that, so severe was the pressure, they
were compelled to abolish the Relief Fund; that there were collieries
where the men asked to be allowed to work at twenty per cent. below
the minimum; and that the actual average went down to nearly 6d. per
day below the minimum. The second suggestion was "a voice in the
selling price of coals." This, the Committees thought, was a very good
ideal, but it was yet a great way off. It implied more mutuality than
was in existence, and it was a state which must evolve, rather than be
fixed arbitrarily. "The voting to be by ballot at the Board meetings."
This was thought to be unbusiness-like, as secret voting was a strange
thing for a business meeting. Then it was thought by some lodges that
the question of sacrificed men, and arranging for all men to be in the
Associations, were matters to come within the purview of the Board,
but it was found that they were not compatible with its objects. The
rules as framed were not perfect, but were far in advance of any to be
found in the country. "Many other districts and trades have adopted
the principle, but we venture to say that in no instance has a
Conciliation Board been formed which, for breadth of scope in its
operation and dealing with questions that can arise, is in any way
equal to that proposed for this county. We have had the opportunity
of studying the rules of all the Boards already formed, we have
watched the work of those, and we unhesitatingly declare that in no
single instance have such equitable rules been found."
When these views were put before the four sections they were accepted
by the other three, but the miners hesitated. The Executive pointed
out to them that by a Council resolution the power had been given to
the Board to arrange rules and conditions, and therefore theirs was an
anomalous position for them to take up by their objection. Under the
circumstances they had resolved to call a special Council, in order
that the matter might be fully considered. They were confident that if
the common good were the aim, and all were imbued by that idea, the
Conciliation Board would be formed on the lines suggested by the
united Committees. The result of the Council was the acceptance of the
proposed constitution, with the alteration of the number of members
from fifteen to eighteen on each side, and the owners were informed
that the Federation Board was ready to meet and sign the rules. The
rules were signed on the 18th of February 1895.
There is no need to insert the rules here, as they can at all times be
seen in the office, if any person feels desirous of doing so. The
election of the first members took place on the 12th February 1895,
the following persons being elected:--
J. Wilson.
J. Johnson.
J. Forman.
W. H. Patterson.
T. H. Cann.
W. Golightly.
S. Galbraith.
W. House.
H. Jemison.
At the first meeting of the Conciliation Board the employers asked
for a reduction of wages. Many people thought they were in a hurry.
Such a conclusion was hardly justifiable when we remember that they
had been pressing for a reduction for some time, and the delay had
arisen from the length of time taken in the negotiations to establish
the Board.
The employers felt themselves injured by the delay, and therefore took
the first opportunity of having their claim put forward and settled.
The Federation Board in their circular on the situation acknowledged
that, for they said:
We cannot but regret that the first meeting of the Board should have
been convened to consider a reduction of wages, yet we feel confident
that, however distasteful and unpleasant it may be to submit to a
fall in percentage, all who have observed the condition of trade,
taken note of the prices prevailing generally, and the serious
lessening of the number of hands, during the past six months, could
not be otherwise than prepared for a reduction in the rates of wages
which were got when the condition of trade was different and prices
higher.
While the Board were prepared for a demand for a reduction they were
not prepared for the amount asked. The demand was for fifteen per
cent., which would bring the wages down to a point to which the scale
of 1889 would have brought them. The price of coal in 1889 was 4s.
8d., in 1895 it was 5s. 2d. Wages had risen thirty-five per cent., and
therefore they had a claim (said the owners) for at least fifteen per
cent. The arguments against that claim we need not state in full. The
main one was that, taking the whole period since 1889, wages had been
between seven and nine per cent. higher than the periodically quoted
net selling prices would have given. That argument, as all are aware,
was of great weight, and that it influenced the decision, there is not
the slightest doubt. The decision of the umpire was a reduction of
seven and a half per cent., but it left the wages higher by that
amount than the old arrangement would have done. Under it 5s. 2d. per
ton would have given a wage ten per cent. above the standard; the
award of Lord Davey in May 1895 left it seventeen and a half above the
standard.
Although they had been called upon to suffer this reduction so early
in the era of conciliation, the Federation Board did not lose faith in
it as an advance in wage settlements. They said:
It may not be out of place to allude to a feature or two of the newly
adopted method of dealing with wages regulations as disclosed by
recent applications, and we may modestly, yet rightly, claim for it a
superiority of character and practice over preceding modes. As
already stated, it has by its earliest results confirmed the
conviction previously held, that the standard relation of wages to
prices governing previous methods was not correct, and established
the increased average amount obtained by the negotiations of the past
years.
At the next meeting of the Board the owners made another application
for a reduction. When the July meeting took place the claim was
brought forward. It was objected to at first, on the grounds that
there had not been sufficient time, seeing the three months had not
elapsed. The notice was withdrawn and renewed. The reasons assigned
were the declension in the markets and the inadequacy of the previous
reduction. These reasons were not accepted, and the umpire was again
called in. His decision, after two days' hearing, was a reduction of
two and a half per cent. In spite of this adverse circumstance the
Federation Board were still strong in their belief in the utility of
the system. They said:
We are not going to say that its course, so far as it has gone, has
been pleasant, for there have been two reductions, but these do not
shake our confidence in it. It is an unfortunate coincidence, the
initiation of a new system when circumstances are unfavourable and
its changes are downward. The true test of institutions, as of men,
is their action in a variety of conditions. No arrangement can make
trade prosperous. They are dreamers who think so, and are liable to a
rude awakening. Wise men recognise the ever-recurring changes, and
employ the means which are most expeditious, easy, and equitable in
their responses. Friction between employer and employed is a foe to
any trade, uncertainty is a sure and hurtful detriment, hastening and
enlarging the times of adversity. Our opinion is that, if we have not
the best system, we have one which will ward off friction, allay
uncertainty, and induce steadiness in the trade of the county.
That clear and bold statement of their confidence in the Board was not
effective in maintaining it, for at the Miners' Council held on
November 16th it was resolved to take a ballot to test its
continuance. The Federation Board, on being informed of that action,
resolved to take it of all the sections. They at the same time advised
their members to keep it intact. They did not find fault with the
decision to take the ballot. Their advice was therefore not prompted
by a spirit of complaint. It was right that these matters should rest
on the will of the members. Their duty, however, was to guide the
members and advise, even on subjects that were unpalatable. In October
they placed before them their views in as clear a manner as possible.
Those views they adhered to, and did not swerve from their belief in
conciliation as the best system yet tried. It was condemned, because
there had been reductions. If advances had come there would have been
loud praise. Would wages not have been reduced if the Board had never
been formed?
"Without hesitation we tell you that, in our opinion, he is a foolish
or a designing man, or ignorant of commercial relations, who attempts
to teach such a doctrine. We have never told you such an absurdity.
When we asked you in the spring of the year to adopt conciliation we
never dreamt of it as a fixed, immovable machine. To us it was (and
is) a more mutual, closer, and smoother principle than we have ever
had, taking within its comprehension other and important matters
outside wages."
In spite of this pleading on the part of the Federation Board the
voting was: for the Conciliation Board, 11,974; against it, 29,000;
neutrals, 17,000, as a result of the miners' vote. The whole
Federation vote was: for, 14,894; against, 30,587; neutrals, 20,000.
On the strength of that vote notice was given to terminate the
Conciliation Board in accordance with rule.
1896
The Conciliation Board--Death of Mr Patterson
The Federation Board were still in hope that the decision to terminate
the Conciliation Board might be reconsidered, and they again brought
the question before the members. They asked what system was to be
substituted for it. They were firm in their belief in conciliation,
but, if the members still persisted in abolishing it, what other form
was to be adopted?
"The situation in which we as a county find ourselves makes it
imperative that we should address you. We do not refer to our own
organisations, for these are strong, but to our relation with the
employers and the settlement of our transactions with them. How are
these to be managed in the future? Has our attitude to be one of
repulsion or attraction? Have the employers and ourselves to act like
two antagonistic forces, looking with suspicion upon each other, and
ready to take every advantage, as if we were in a continual wrestling
match on the catch-who-can principle, where those who get the hold
win, whether their cause be righteous or not? If the members
persisted in their resolve to have no Conciliation Board, or some
substituted machinery, who would suffer most? If there were two
parties before you of equal strength and similarly conditioned, then
the issue would be uncertain, and the victory would depend upon some
unforeseen circumstances.
Such is not the case with us. Given a solid organisation of labour,
and the same of employers numerically--still the balance of the
chances in a wear-and-tear and struggling policy will he on the side
of the party who is the best ammunitioned and provisioned. In this
case, which in your opinion as the advantage?"
They pointed out that they were mutual sufferers with the members, if
there were suffering; that there was not time in the lodge meetings to
discuss the utility of such a system; and that as a consequence they,
as one of the obligations of their office, were bound to have a fuller
knowledge of the subject than the members. It was an unfortunate
circumstance that the system had been tried in a receding market, but
the proper test was not by one condition of trade. If conciliation
were tested by an increasing as well as a falling market it would then
be seen how useful it was. Some people seemed to charge the
Conciliation Board with being the cause of the depression.
"There cannot be a greater fallacy. The causes of the reductions lie
outside the purview of any system yet arranged, and the control of
them is not within the possibility of an arrangement yet thought of.
But the question that faces us now, and demands an answer from us,
is, would they have come if the Board had never been formed? There
needs no philosophical knowledge to satisfy the mind on that point,
except it be the philosophy of matter-of-fact, everyday life, which
in these matters is not an unsafe test. Let experience guide, and it
will afford a sure refutation of the unfounded idea that it is
possible to fix, firmly and permanently, wages by any scheme within
the knowledge of man."
They were desirous of giving them another chance, as the ballot on the
previous occasion was very unsatisfactory, and some of the sections
had made a request for such to be done. And they were hopeful that,
before the notice of termination ran out, the Conciliation Board would
be reaffirmed, as "the hope of all true reformers is centred in the
cultivation of amicability and friendly intercourse between employers
and employed, with a conciliatory method of settling any difference
that may arise, monetary or otherwise, and in the ultimate blending of
the two forces--Capital and Labour--for the mutual and equal benefit
of all concerned. Consider seriously every step we as an organisation
take, and let all we do tend towards the attainment of the much-needed
object." The result of the second ballot was against the Board, the
numbers being in close similarity to the previous vote--the miners
being very largely against, while the other three sections were in
favour. We may add here that it terminated on August 4th, and for a
short time the county entered the region of uncertainty again, which
all must acknowledge is no help to trade or district.
DEATH OF MR PATTERSON
The month of July had been fatal to the organisation, for in it, in
1890, Mr Crawford died, and on July 16th of this year Mr Patterson
passed away from the labour to which he gave his youth and manhood. He
had filled the position of agent and financial secretary for
twenty-five years.
It will not be out of place if we insert a portion of the _Monthly
Circular_ for the month in which he died. It contains the sincere
estimate of one who knew him intimately, who had the highest respect
for him while he lived, and who now has pleasant recollections of his
manly and reliable actions. He was no self-seeker or panderer for
self-profit; he was the antipodes of that mean and despicable
character. You might have difference of opinion with Patterson, but
you could at all times depend upon the open honesty of his nature.
MONTHLY CIRCULAR
_July 1896._